A senior research officer at the Ministry of Tourism will receive a little under $.8 million for being discriminated against by the Public Service Commission (PSC) in a promotion decision dating back to 2005.
In a ruling on April 3, Justice Joan Charles declared that the failure to appoint Wendy Ann Lewis to the position of research officer I before another public officer was discriminatory and violated her right to equality of treatment under Section 4(d) of the Constitution.
The dispute originated in September 2005 when the PSC appointed another candidate – a returning scholar – to the post ahead of Lewis. The state argued that returning national scholars should receive preferential treatment over temporary acting officers in the public service. However, the judge ruled that such a preference could only be given if both candidates were of equal merit, which was not the case.
Lewis had persistently sought a review of her appointment, raising the issue with the Director of Personnel Administration since 2012. The Public Services Association applied to the Special Tribunal of the Industrial Court, which ultimately declined jurisdiction in 2018.
In her ruling, Charles strongly criticised the PSC’s actions, stating that the commission had deliberately withheld crucial information regarding the appointment of the other officer. The judge noted that this omission significantly delayed Lewis’s ability to pursue legal action and was instrumental in the prolonged denial of her rights.
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“The commission deliberately withheld important information from the claimant – the date of the public officer’s appointment – even though that information was crucial for her case,” Charles said. “Much of the delay was caused by the commission’s failure to address the claimant’s multiple requests for a review.”
Charles held that Lewis was the senior officer and had acted in the position, unlike her comparator. As a result, she said Lewis suffered financial losses, including reduced pension benefits and loss of acting allowances. Charles ruled that the PSC’s decision violated Lewis’s right to the enjoyment of property under Section 4(a) of the Constitution, as the wrongful denial of her promotion directly impacted her salary, pension, and career advancement.
“The sole justification therefore appears to be that the other officer was educated at the state’s expense and should be accorded preference over the claimant,” the judge stated. “However, the PSC could only do so if the candidates were of equal merit, which they were not.”
In her ruling, Charles noted, “It seems to me that this is indeed the kind of case for which constitutional redress ought to be sought since it deals with the wrongful use of power by a public authority against an individual.”
The judge awarded Lewis a total of $790,000 in damages.
Lewis was represented by Attorney Leon Kalicharan, while the State was represented by Coreen Findlay and Aryanta Williams.
